Cyclist injured by dog chasing ball wins payout from banker
WHEN throwing a ball for a restless dog during the daily walk, it is unlikely to cross the mind of an owner that it could result in a £50,000 lawsuit.
However, this was the outcome for Carina Read, an investment banker who was exercising her cocker spaniel, Felix, as she walked through Acton Green Common, west London.
As the dog chased the ball, it ran into the path of cyclist David Crane, a 70-year-old publishing boss, who flew over the handlebars of his bike and on to the ground.
The collision caused a brain haemorrhage and resulted in him suffering from loss of memory and concentration as well as headaches, Central London County Court heard.
Mr Crane’s lawyers told the court that Ms Read, 48, was negligent in failing to properly control Felix, who should not have been allowed to stray into Mr Crane’s path.
While Ms Read denies all responsibility and has labelled the March 2016 incident a “freak accident”, Mr Crane won his case and is now entitled to damages.
Ms Read said her dog only ran in f ront of the bike because i t was “stunned” after the ball had landed on its head.
The banker also claimed Mr Crane was going too fast and should not have been riding on the path as it was out of bounds to cyclists in line with local bylaws.
Ealing bylaws state that no person shall, without reasonable excuse, ride a bike in the park, except in any part of the ground where there is a right of way for cyclists.
A spokesman for Ealing council said: “Cycling is prohibited without reasonable excuse on Acton Green Common, but the council chooses not to enforce as it supports considerate cycling in parks.”
Judge Patrick Andrews ruled that Ms Read was negligent, having failed to call back her dog as it ran towards the path and the oncoming cyclist.
“After considering all the facts and evidence, I find that on balance of probabilities, in failing to call back Felix, which she clearly had time to do, Ms Reid exposed Mr Crane to risk of injury,” he said.
The ruling means that Mr Crane, who claimed up to £50,000, is entitled to damages, with the amount due to be assessed at a further hearing.
The publisher said he had been cycling around London for 40 years without incident and he had been unable to avoid the dog as the accident occurred in a “split second”.
He denied claims that he was hurrying to get to work on time or that he was riding too fast, telling the court that he was incapable of speeding along on his bike because he had weighed 18st at the time of the incident. Mr Crane, who
‘She was doing what she had done in the same or similar areas of the common – throwing a ball for her dog down an open strip of grass’
declared himself “100 per cent a dog lover”, said outside court that he had now taken to walking friends’ dogs for exercise because he could no longer ride his bike or enjoy skiing.
Nigel Lewers, representing Ms Read, told the judge that when his client had thrown the ball for Felix the path had been clear. However, the ball had bounced off the dog’s head during the chase and was deflected towards the path.
“At that point, she became aware of Mr Crane cycling at speed with his head down,” Mr Lewers added.
“She tried to warn him, but Felix chased the ball across the path and was struck by the front wheel of the bicycle.
“She was doing what she and no doubt many others had done in the same or similar areas of the common – throwing a ball for her dog down an open strip of grass and not in the direction of the path.”
Mr Lewers argued that dog walking of this kind was a “way of life” for people in the local area.
But giving his ruling on the case, Judge Andrews found that Ms Read should have done more to keep Felix in check.
The dog should have been warned and called back, he said, and questioned whether it was safe to have thrown the ball when Felix was so close to the path.
Ms Read had insisted in evidence that Felix was a “well trained dog who returned when he was called”, noted Judge Andrews, concluding that she had not called the dog back and so was liable to pay damages.